5th Circ. Sets Arbitration Rules In Conoco Win Over Union
By Dan Prochilo
Law360, New York (January 31, 2014, 10:16 PM ET) -- Challenging an arbitrator's authority to hear a dispute during arbitration proceedings doesn't grant him the power to decide if he has jurisdiction, the Fifth Circuit said Thursday, affirming a Louisiana federal judge's finding that a union should've challenged ConocoPhillips Inc.'s firing of a worker in court.
In a published opinion that clashed with the holdings of two other circuit courts, the three-judge panel rejected the United Steelworkers union's contention that ConocoPhillips implicitly agreed to let an arbitrator judge whether he could hear an unjust discharge case.